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Press Release
PNA State Security Court sentences two to death, undermining independence
of civil judiciary
Ref: 78/2002
On Wednesday, 5 June, the PNA State Security Court in Gaza sentenced Faisal Ahmed Suleiman Abu Teilakh, 26, and Sa’id al-Barrawi Mohammed al-Najjar, 29, to death by firing squad. The two were convicted for the rape and murder of Islam Mahmoud al-Khatib, 7. The court held its session at 18:00 and decided the sentences three hours later.
PCHR is deeply concerned by the sentences, issued by the State Security Court less than one month after PNA President Yasser Arafat ratified the Judicial Authority Law. The ruling indicates a lack of seriousness in the ratification and implementation of, and respect, for the law.
The case was considered by the State Security Court, even though the crimes committed should fall under the authority of the civil judiciary. Under Palestinian law, the Attorney General is authorized to investigate cases and prosecute perpetrators. Instead, however, the PNA bypassed the Attorney General and civil courts by presenting the case to the State Security Court three days after the suspected persons were arrested. This move undermines both the independence of the civil judiciary and the rule of law.
The trial failed to meet minimum international standards for fair and impartial trial. The suspected persons were convicted in three hours, the total time of the court session. The fact that one of the defendants is mentally handicapped was not raised during the hearing. The procedures of the trial were thus illegal, which necessitates the presentation of the case before the civil judiciary.
The first major failure to enforce the Judicial Authority Law occurred when the Palestinian cabinet refused to implement a ruling by the High Court of Justice on 3 June ordering the immediate release of Ahmed Sa’adat, Secretary General of the Popular Front for the Liberation of Palestine. The cabinet decision constituted blatant interference in the judicial process, raising doubts about the seriousness of steps taken to secure the independence of the judiciary under the PNA.
While PCHR is dismayed by the rape and murder of an innocent child and supports accountability for perpetrators of such crimes, it emphasizes the necessity to respect the independence of the civil judiciary, promote the rule of law, and protect the rights of citizens.
